The New York herald. [volume], June 12, 1875, Page 4, Image 4

About The New York herald. [volume] (New York [N.Y.]) 1840-1920

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1 TIE ? TRIE
Oue IlunJreJ anl Fifth Pav of
tlie Scandal Suit,
BEACH'S GliEAT SPEECH.
A Tigorous and Powerful Effort
for the Plaintiff.
BSUi: BETWEEN POUTER JL\D BEACH.
Tha Jury Beariei aril Real
ize Their Duty.
A REGULAR FIELD DAY.
-At far ?i numbera and distinguished oomnauy
Went yesterday wsa toa Held day la tne great
eeaadal cats. People from all parti of the coun
try wera present. senator Morton, Governor Tar
tar or New Jersey, and chief Justice Church.
Congressmen L>e Witt, Cortland Parker, of the
New Jersey Bar; Judge Van syckel, of the Court
Vt Appeals, New Jersey; Dr. l>arrln, of Hocheeter;
General Tlbbets, of Troy ; C. H. Winaeld. or Near
York, auUJohu Wiison, of Aberdeen. Scotland, bad
?eata on the bench. TLo ladies penetrated Into
?very corner of the court room. Exactly twelve of
them sat In tbe jury box to tie lei: of the beuch,
lacing the masculine aud bma ruts jnry on the
other side of the room. It was a thick and swelter
ing throng. In the corridor outside 400 or aoo
people stood all day long waitiug lor the delusive
chance of getting inside the court room. Mr.
Beach was received with cheers by the outside
crowd, but the presence of the Ju4ge, stern and
unbending, suppressed an unmistakable impulse
to applaud on the part of the inside multitude.
The whole strength of oonnsel on both sides was
represented, including even General Pryor, who
Jmi been absent from the trim for some utno.
THE OPK.VIMO
by Mr. Beach was tame. The audience had come
together to be stimulated by a treat of tiery decla
mation. ia thu they were disappointed. The
fiTst two hours were duir; aave lor are or ten min
utes, wiieu connsel struck a vein ol eloquence
fully equal to any effort of the previous two days,
me alternoon, however, was extremely enliven
ing. Mr. Beach de?pue his hoarseness, inatle
biintetf as effective ever. While he was Hailing
*Uong under a full head or ateam and dweiilug
up>n the charge of "improper solicita
tions,'' as the one the oihor aide In
stated lutes made, and not one of
adultery, up jnmpeu Judge Porter in au excited
manner and m eflert accused Mr. Beach ol false*
Hood. Quite a scene took place. Mr. Beach per
ilated in met orlgiual abatement, while frequent
applause, checked before It had time to expend
iue?r. broke fun a from tae audience.
Tilt AP.DKfc.r_> outlined.
\ Mr. Beach continued his address by referring to
tfcs waste of time on the other side m denouncing
Prank Mouiton for retaining the BeecUer corre
al ouden.e. and for hslf an hoar continued to ur/ ie
la :ustiflcauon of Uia conduct ol Mr. Moulton.
Ue next passed to the subject of the Bowes arbi
tration, and contended that when the award was
made Theodore Tllton was charging Mr. Beecher
with an offence, and Prank Moulto&'s offices at
thai time were those of a man sent
t>y God to protect Bsechor as he him
self said. it was a monstrous charge
?gainst this man that h? conspired to iujare
Beecher. It the paper* were harmtws, wny all
this commotion. 'If ttrwe papers acquit you,
Mr. Beecher, thank Gjd xney have been pre
?erved." counsel turn ? J and looked toward the
defendant as he uttered thd worda, while an at
tempt at applause was in- ile by the audience.
Counsel next referred to Low? a. of whom ue said
ecrtaun questions had not been asked by tua aide
tMH-aoee they could not aak them. Bo won eras not
taelr witnesa. tic w.ts called on tne prinrple of
opening every avenae of trath. Mr. Evans
ataiie i and as M>. Beach detected It Ue turned to
bis learned friend and said, "My friend aim lea
parcnsticali? ; bat if he had aaked Bowes aa to (he
Interview betw.-en aim and Tllton and if he could
bave contradicted Tllton there and then, how the
maxim '/vitaus in una .fuiaa in onmitnit would
Iwve rohed from his month."
TUB J* EXT rOTVT
criticised waa Paris' statement tsat tnia adul
tery coul i have been only miraculous. atil coun
sel told tbe old etory of tae Irishman who was
uvea an UluatraUou of what a miracle waa by a
luck on the stun by the priest. H? went into an
?umIvsi* of Mr*. Tl'toa's teciings as expreatod in
ter letters to her "lovs-<kiued pastor, wor.se
obecenc alaner/ negsn wuh {rarer and ended
with a oenedletlos." Uere aloud, rippling laueh
ran tareugh tae aafltenc*. Mr. Meectier kept 'uat
*eif busy with a newspaper. Mx. Msd went on
to shew the relation* between sirj. leiton and
Beechei. quoting from set erai letters of the former
and staking comments by the way.
sJMk.'Tl'AI. Iigl.t'SiOX.
Continuing bis aodrss.? alter recess Mr. Ueacb
r*( rrea u, tbe argument of Mr. Evans taat Mrs.
Tiiron couM not Dave U'.lrn except thioagu some
Boirltua' il#iu?ion. tie Bailed attention to a char
acter iu Sir Walter ?cutt's ? Woodsiocg," Muster
lumps ins, who fought with the ill We on 6 m Hps.
SOU who hi srre or bis rijid l'mitauim wm Dot
altogether impregnable ro tbe .nflucBca of tcautr.
He read Tompkins' plea for seduction to Pbeoe,
tha fore t?r's osuzUter. tiM *tib,?ct oi whicn waa
Mt in the tboutrht ana a* ib tUe corporal ac t
tie nUi of sesnctioa consisted. i;o?nni
4rr? hb aaal >gjr between Mr. Iiw< uar
Bui Ma-uer Tompkins iu toeir mides
oi -edu tioa. Tompkins field tn his disconrw to
ffecw? that to too ?alnu.oneof whlvb be was,
iu<r(/ proteges wc ? givan that t.;a UBgofllr
?art no* claim. Cau:i*l aimitted tbat it was
Xifl; o?4ii'ie for witness^ to be exact as to tbe de
tail* of an ereai that ?rcsrrtd sonte tune pre*, mcs
to tbelr te.4t?fjlug; init racy conld never forget
tbe great central fact of an ?diula*i>a made to
them of SQ' ti a put crime aa adujurj \>j so
j>ron.i:iunt a maa as Ilearj Ward needier. Conn
Bel referred to trie services of Mr. Haecbar in
Mngiand as an argument nsude ttf tbe otBer side
to free tkc deitaJaat lrom tbe charge of adni
ttrjr,
? ft. SI ACd'f
Mart if after eleven o'?l o* Mr beach resumed
*>? addre** as !oi! >wa ? <er* lanes use awl a
gieat degree ?i tBdigna loo were extended uj.on
tae Ut-tnj taat mi. fitcu ton h?4 i*en guiitj of
giMoauiabiO and faitbiess contract 10 bis failure
to burn t be papers reiaUu^ to tbi- acaadai. as it
w.?a assumed tiat i.i?t w? one of tbe coadiuoiui
e. ti e award mad# by tbe arUiuatora to wmcb
Mr Ttitou and nr. MoBitori aaa iiied. But me
Mtuadattoa oi tua espstlai r ...inen'e, savers and
reprebenait'ie, on tbe part of Mr. L-aria. was trie
InUMi; of Mr. .-terra mating to a oouversalioa
seme ten dsy aa. seqtien'f j Hie sroitrafton and
tiie award. it is my dot/. g*nii<riuen. to diaw
??ur attention to this wipl>. Mr. Moris mat
?;r. Mouiton. in 'A? < oav?raatialt of wltiuU u?
*p?.?ka. s^td that Sum V\i tr<oa. .:s lie called Blin,
"had eitMr a*au Mm or WTi-Uu 10 Mm. and re
quested lutu parsicB arlj to t urn Mr. nescber's
apology anil t e papers, ana Mr. Mo.iltou a^iJ.
t?? V '. I bnrutd tb'j pit.er-<, 01 .Mr. Beecaer
ttitnsa 1 ?in*e.' 1 ben fee r'ma:ked, 'If 'saa w?ibe
aou ib>nka 1 liave b irnsii ail tu^ne papers b? is
jiilsiateo. WUavwoviVl lae&io.e do in eaao of
tronblef " ll>- ?ajs . gal . on nvss exatBlnatlul,
?'Wei'., this was vbo couvprnutioa as Isstd: it
comaier*:*! ub^at the triparm - >?uittueut; aa lar
?? 1 now rememoer, 1 k \ 1 not ><-: an/ talx tun
tiim before, and 1 w. tsllu g t im tligt Mt. Ho 'en
Tell tbat we brought In tao lar*e a sum; his
stone Wit egjrri' f ed, aa?t then, o.irmg iti,a corifer
sation. Mr. Moouen * .M tbi ham Wiueson bad
etfbef seen bini or written Ms?1 would noi be
I ositive wbP'U? that be wa. te.. bita to #nrn, to tie
?uru to imrs, Mr Ueecber s upo'ofT ana ail the
T?atwra, and Mr. Mouiuin nays. *ui oourse, 1 aave
buruea ail tb( papeii'; Mr. Heartier tbinica I na^e,'
and thnn he said, 'll .Ham Wilkeson thinks 1 have
burned all thoae papers ba ts sslstaknn. St bat
womd rimodore do in esse ?f traaoie f I men
banded to Mr. Htorra ia#lettwrol bam Wtikeson,-'
It" as ron porcdivt. repiaseutiug mat Moui oa
??iu tun. tUJi r?yju?st W kui MSB 1MSU kMt
| cone Prom Ham wugesoo, aud there ia no intima
fftion iO this conversation ou the part of Mr. Mou'..
{.'tonw Mr 8tom that she duty or burning the
;mi??*r? or that the request lu bum the papcis was
oouuecte.l with or arose in an> degree out oft-*
arbitration and award. >rr. norr? dots not here
pretend that the conversation had any eaanacrian
?icn ihe arbitration unit award, but sa.ystbatit
aroae out of tlia tripartita agreement, with
wbicn, as yeu remember, Mr. Faui Wllkdfion was
itiuii'utely ooiintuied, lie having no esmiection
whatever with ina aroitratieu uud.tward, aud Mf.
v\ iiki st'ii, alter ttie tripartite agreement bad been
executci. and that act or fomni sure anil frletid
Unn-i has '>6eu completed as between the parties,
be addressed thu letter to Mr. MouUen, wUklil
wnl read you: ?
r>m\K 1 ?ni<D-Ki>if fir the of om t ?>. act of justice
anil duty, i.el rtycaUure pav, iu' ) your itanda tin.- ? rtf ?
ten apol >s - which he U.iid* lur iu<< aiipr 'per advance*,
ana dujou (>asa it iuUi the gauges oi" the lira iu
your room i>i reP'iiu lliaiiou flien let l'beodure talk to
JeftUMMi. I !irur ibsi he nail t a~p--iiter. the art
s*t. have made this wit de affair iUm sul> nut ol comona
uou in tiia tflu'ji. Sincerely yutir-.
6AMUU, WU.St.60V.
THE RBSTTl.tf.
^w, two things result rrora that letter;?Kirat,
that It aid uot originate from tlie arbitration and
the atvarn : aud'second, to r. mere wan no request
or demand, or Intimation, that it was the duty of
Mr. Moultou to oarn all the pnperj. It was con
lined to tho l?itert?f apology, the ho called -'latter
of contrition." Well. when 1 hauded that letter to
Mr. storrs. when he repeated tiie conversation
that Mr. Moi.iten attributed the request to bnrn
mg the papers or Mr. vt iikesou, arising out of the
tripartite covenant, he ol course was somewhat
confounded, and it is perfectly e-ident. gentle
men, that Mr. Stoirs, m the relation or tins con
versation, was wholly mistaken in the alin?ion
which was made by Mr. Moulton to tne pajers.
You will remember tbe lessons which our learned
inenus ha\ e aiven to us In regard to the lalliuie
nature of evidence as to conversations and conies
slum*. My friend. Mr. 1'orter. renders a verr uble.
Instructing and truthful essay upon that suoject,
in every word of wbleh l agree?It Is one oi the
most difficult efforts ofhuman memory to recall
and repeat a conversation: and it is. I admit, a
hazardous species of evidence. to be scrutinized
and criticised aud taken with proper degrees of
ulliiwanoe. and I aoi quite content that tnat rule
01 law should he applied to the evldouee on the
part of tbe platntiit. and 1 insist that the same
application snould be made of it to the evidence
ou the part of tbe deienoe.
tVheu uouuaoi said it was one of the most dim.
cult tblufia tor the huiua i memory to recaii and
give a precise recital of a conversation long past
the Heecher pe? * siuue l at tau aduiisaiou and
remembered lor a moment Mrs. Mouiton's cele
brated lAtemew With Beecbcr, which she ap
peared to give word for word two year- after Us
occurrence. It is u noticeable feature ol the case
that ou th9 side oi the deionce any trifling straw
ia grasped at to save from drowning.
MWI.TO* AX1> THIS BUCUKB LimUU.
Another tainir is obvious ironi tuis ieiter, that
there was no* assertion ou the part of Mr. W tike
sou. There never has t?een u preteuce made, so
fur as this eviaenv# Is concerned. 01 anv demand
or suggestion to Mr. Tlit?n or Mr. M.mltou tnat
the papers or any papeis connected with this
tranaaetion were to bo bnrned, loundid upon auy
hle? either of au expressed mfreoiiieiit to ao it or
anv obligation arising out of anv proceeuinga iw
tor - the arbitratora or otharwme. Mr. WUketen
had fust comDleted that aci of ainne tr ana con
ciliation. the tripartite covenant. Then he an.
Pools to Moulton orlllton through MuuiKin, as an
act of clamency and of duty under the eireura
slances, to burn the apology and nothtug else,
what it there nad t?en, ssnt emeo. such a prom
ise upon the part ol Mr. Moulton r isiiuvose in tbe
exnberunce ol frieutlly" leelmg which oontroiled
and followed the tripartite covenant Tllton and
Moulton haa aaid that tney w<>u a burn al; the pa
pers coiiuected wlih this scandal, and tuat after
reflection, couaidering the poaaibilitie." of the fu
ture, there baiug no Imperative obligation a
aumed. tnere lt?ing no duty by any authority iai
po.-.ed upon tbese partiea to burn the papers, tbe>e
never having come Jrotn Mr. ileecuer a single re
quest or intimation tnat he desireii anv pap-r to
be burned, what If they had ( hanged their pur
pose anu determined to preserve ttie*-? documents
to mtet any possible exigency that might arise
111 the tuturer I do not see any particular dis
honor in it. Well, my friends sav It reflects upon
th? integrity of Mr. Moulton. It desiroya his cred
iollity as a witness. Party to no "proceeding; dis
connected in interest wltu the arbitration; eu
tenngxnto 110 ?bligntion to de*irov these papers
aithoagu requested to do ao bj- Mr. VVilkeson
without anv promiso to that enect and ?althourh
believing that Mr. Heeeiier supposed the pi'Pers
were 10 be burned or were burned, tiilf gentiemaa
ye? preserve ) ttiern. aud what obligation or dutv
nas no violated? Wbar pledge has ru- assumed or
broken ? W hy la he viliilfd 1 itecauae with a
view to the whoie reiatious of these partios, ail l
the po-siule conditions of tills Manual tlicn
bruittJ abotit tb? co;mtrv and a maiter 01 gossip
In this city aud aoro.id, what 11 be did determine
Xo prenerve them r 1 repeat this question. It la
no reflection npon hla ciiaracicr lor sincerity and
honor. Ah' but. says the gentteauM, Mr. Moulton
indulged iu the exclamation, '-Host will Theo
dore do In case or trouble or '-w ha' will Theo
dore ao with hs trouble " Wnich of these ox
pre?sions is accurate* The prelereiMt of my
learue i friend* seems fo und to tbe latter. Wnat
trouole ia there, then? The ariai s with Boweu
hail Jti1 r at that iusuut been concluded. The ar- i
bltration and the award had been he.d au<i made
anci the dtoivuitics with lioweu were composed. '
Mr. Ucach thus gave the flrst half hour of tbe
morning to a defence of Moulton toi retaining the
pa;.cr* commuted to hla charge by iteeoher.
Moulton pal ed hla mustache and wat?ti?d the
apetsicer cfo-eij -a be procee le 1 to c xculpate him
from tie eharge or th? dcteudiuit of having acted
a trcacaerous part, in keeping a correspondence
it was agreed upon 10 destroy,
TE? DlinifVnM OK Til t. fsrER*.
Ttlton bad received bis $7,wo, prtttmj htm la
comj ar .lively easy rlrcum*raue?-s and relieving
him of nis pecuniary distress ami 4if*cultlc", and
was then aale to prostcutc tee enterprise ol the
Golden Atjp. M hat waa tne trouble he uad which
Mr. aiouiiou auuded 10, and in rstiereno* to which
these papers may pernapa be useful ? The gentle
man ha-not toin us that, la there anything In
this evidence, am <lung in any c'reutastaaces
01 dimcuity, any posmiuIo tren,.? winch
was apprehinded by Mr. Moulton, except
That growing ont of this very scandal
which we art now investigatingr Ami Mr. M >uitoa
atauua in the attitude in wnich he is rapreaeuied
bj the evidence and wiilcb is conceded 'o him m
anticipation. Notwltiistaa ling the arbttraiimi
and the aw in;, fiutwitiiataadisg the tripartite
covenant, knowing all the surrounding circum
stance# auu tbe knowledge which others pr?s
aeaseu of tbis scandal, Mr. Moulton, under these
Circumstance*, says:?"l'h?ree papers ouyut lot to
be :Wid shall aot be destroyed nnles- both parttea
request-neir oeatructtoii. This u a pf>rni<:.oas
aa<i oaflhng secret; it n;v?r has been still: it
never will oe at res'. This is a secret confldea to
row many mouths; it ia a secret alTeeting toumany
interests; it ia a ae< ret of too grave aud troobious
a character to oe tiu?t?d to tho oa/.ard 01 exam
inations hereaiter ?xcept upon the trutatoi rer
ur >* and tne evidences in tneae documents which
I possess *u4 Hoi'i m? the repiessnrativo of these
IMrues, Mid 1 wiii b^ld ineni. ' Now. it has. to my
ininn, c.ibsiieraiiie sirnibcance. itenti?-men. it
has t*een said an along oy our learned lrleiuia that
Mr. lilion was "worried and excited aud apurred
oy bis aacessitlta and difficulties with B >wen ; be
had rauen from a high position, hla resooioes bad
he?n reduced, na was in perplexity and w*nt; the
Co'dcx A<jr was emuarra sed and a failure, aud
he was irritable and re?tlesa." w hy, gentlemen,
all these tntngs lusd been i^ieifled and sllenoed;
there were no mora troubles coming:
there was no more retention from business
duticu!t es; there were none of tbose perplexities
artateff from atraitened income and reeoaree?;
tiirtt in >n wan relieved, and a'ood erect and able
to pursue bia enterprise* without em .arra-sir.cnt
or tear. What was the trouble which thus ais
tu, t>ed ihe iniud oi Moulton. sua iu vi-w o; wbi-h
hv iete mined to preserve these evidences bear
ing significantly upo.i it, whatever it was- It waa
this dilfi-nity with Mr. heecber, it was mis secret
In r gard to Bsecher. aud it was to Tlew of that
that be came to tbia deteiiaiuanon to act in the
manner he did; ml jet the gentlemau w^nld Aave
nsbsiie eby ihe testimony oi these arbitntora
taat an tbu tr<.n?i? 1*1 wee . Mtecuer and Mr. 1
liiiou had oeeu ooiaposoti by subuuaeioa to tuoae
g:at!cjicn anu by their award.
Mi. Beach begins to grow boariie. IT# ha* been
dealing with a very diy element in tbe scaudal,
the Bow en aroltratioa. tbe moat aba'ruse and aa
iotereatltig part of tbe whole case to Ihe general
public. Hot counsel Is energetic nevertheless.
Stili tbe audience is hoping he will soon quit (be
??bject and take np tho needier correspondence
or some mo.e palatable fea'.ura of the acauUal.
WHAT Tfl.TOS DtlMTID 0!f.
Mr. Tllton, tnr ?ngt? all this difflcnity, hud been !
luaisting that Mr. Heecner na been goiltf of aa
ollanco toward him; Mr. Hcecher h,i, soli had
confessed It: I nieau not Id the general nature?
to which l ?ban allude hereaf erto prove tbe truth
of this ?ccixat-ioa?bin tn hi* statement oe ore
bis own picked committee he admuied an offeuca.
'IheoJore 'lil'on had buen denounced through ihe
whole length and bresdib of thia land us a cal
uiuntaior of Urnry War1' Beccher. Everywhere
he hnd been denounced an the assailant of the
proatiosi paator 01 in - gr> alusi pulpit of tbe iatid.
t'onlfl Theodora Tliton Cave submitted to tuts ar
bitration, tins rfdestloo afTectiag hl-> honor and in
teurity Mid tame, without claiming a aingie word
or jusiljOcatioo in tbe award f- witoout. at leas',
demanditrg that the off?rie? which Hearr Ward
Baechat c >nfee.,<>d. h >w>;ver limliod It, may l<e
and whatcvar ita charaoter, asould have been de
c nod by tlijsc arbitrators, fltai he ought bold it
trp as tiia justification ngmust theae loni and de
anuctite assaults npon hla honor and fame r Why,
gentleman, It Mima to ine oue 01 the laost pie
posteroos pro,io<u,<>ns that c uld be advanced,
and it is oniv done lor ib- puiptwa of retihng ami
caiutLiulatibg ti.e g>>ati< maa wuo at that day
Flood uaotialiangeo aud anrebuked br Mr,
lieeebsr, o: any of ktie menus of Mr. Beecber,
as tbe most honorable and ti uesi frieod sent
by the providence 01 uoj, as Mr. Beecber aavs,
lor his protetHod and defence. Then there
wna no suspicion ol Mr. Moaiton; 1 ben taeie was
no degisaiug tceusatioas sgn.ost Mr. Moulton;
then tuers were no revmaga and muttann?s frenj
Mr- M'?aiton was then tbe staiT upon
whi, h Mr Mescnar leai.ei, ami leaned with an
?yit*a?uv? auu aJM.
act pcrfoi in?(l by Mr. Beecher at that p?ru>< with
ro u+Ur lfle 00'nr'lcat!un8 which stir
ronii'ipd Mr. Hfich0f nfi<i tiero vAr^ mmi>
lag liuu m difficulty. He cuurd not even receive a
letter nom Victoria Woedtu.u witlunt
Mr. .Moultun to know whether u? mouldai*w??
V, cvery sl,,P' ?Bd '? *11 ttt! .crpia^uw
? ? M<?iiltuu waa the man vo whom bo resorted
aj(l in wliom he trusted. Bur, gentietiun why
DaDOTS thc &??-<io8truoti.'n of
papers, wnen o\ei wnat 1a dostrotod tncie u i
clamorenjoukry, and when the* are kept the ??
*?jnowraUt ci?aiS?lut,> f(jr ,heia p*p9,'< rp"
vi ni nn vvmmig u they me consuLuut with thm
?h*?fr anR|nti Alnteffl|{Jr *r. Heecner. if the
arS ??r?.!??> i1/ onj?rucnan or n*J learned fr|?'tij
di*ti!r"in( ^ iVhUn!' *'",t ,H t,le oau"e 01 tllU
wo l t hV, * bv <1? "V '?1.?da complain that
.th?'r P<*P*r*. tneir owu wn tinea, and
proiiuced toi-m r \v ii?? ilier warned tiiem lor
<^tJn,,>a()<5rl, ^Id no' disturb them. ir meir
?ne lrneurie!r80 aoiasiiy reoouailed if till
iisii-hiT"-! tUo '"""cexipe of Henry Ward
rourntn-T' ? :.? trouble, gentlemen ' Tako
??!r own JO'Jirovi by vuuiselves. Uonatrue
("lent whw hi r'> fuj 11 t,101f "Cltttt your
tri.Vi * bless God, and thank ua that iboy
Tbo ''""cui'y is tliat theae
fi?JP a ue,iP algnl/l<j*uoo whicti disturbed
?.?w A3!*?0* .au" ejtcileJ ">a fears or their
ib"'i m ,IW a roc^tM' !''??/cannot be saiis
V tht:y ure kot>r- They apeak loud
mouthed. with clear and unerring forca of truth
upon 1 lie subject or thia scandal. '
Having exhausted argument m defence of the
action of Mouton in returning the Ueecher letters,
counsel concluded by saying, "ir they anjuu you!
Mr. Boeclier, I t'muk God Wie> are preserved,"
looking Beecher straight in the Juce. A burst of
applause was cnecked at this moment. A aymna*
theilc audionoe evidently surrounded and gave a
wliliug and friendly eur to the apeaker,
f ,1a , TMTlMOKT CON-JIDBKUa
<10 iitji tfitiik I am cvUetl upon in thifi naua tn
enter upon any de.euoe ofrieur" c. ito^" ^
11 ink'I w n ieM^,out of,Mr- 1,lt0'D 18 true?and r
il . .. 1 l iut,s'Jr /on by aud by that u la vu
kn"* t"?t Mr. Bowen acwu an ,m
1 inoJ^ t0. Ml,y t0* toward Mr. Tiltou
lknow that wniie he refuted to both siMe* iiot(i
oar learned friends and ourselves, all information
lu regard to the lasts wiihln his knowie<i"i> nil
revelation aa to the tesitmon* Ue would ifive u'ikiii
"U" we c?lrtd bl.n as a wltneVi. and
l,MU!*"y inij?o?ea upon a law ret ail
' , ' ?' P^^ecvxun, ao lar as protection
Innw i?" wtli caIle<1- gentlemen, as you well
nrf"i?wor to a Uem?iiJ- *ou teli."ttie tiro
il wen wl1VJL!'hC?r^Uy 0f Uoa"?4-' ""O'U Henry f.
Howen what be had to a ay upon the aoblect. The
Illtou had aworn that on ifte 'Jtttn day of
December Ueury c. Bo we,, had retV.iea to
bun dugracelul charjrea against Mr. iieecner.
VSS.??
woBunflr to hold bis exalted po^ttioD ;i pastor
?d tfistriictur ftu irviti. They were SfflctiSr tn
aut home lleurv c. How en, intil. juagmeut.tSVav
tliat tlio proaiuliratioa ol tboso cuarpea wonTi
drive Mr. Heecnw irom hta pulpn ana ^n^rrooL
Mvi1wt'\ e'u,ur*' *'r* is on the aiaiid
My irtendB uouot aek him wnethor Theodore T11
ton a relation of the LTuceediuirs1 between him
'??i? ?oweu on the iMtn of December tvere tiuta
fully told by Mr. T.lton. My Iriende did aot ik
*T- Bowen whether, on the -.'Ctu or December ^,e
did tell Iheodore l'ilton to present tin-oeuian.i
and He woolu back huu up 111 it. My friends did
in ? m lr t.eU ai"' n,,T' 11 ',0 01J 'hi". IT
in the name of truih and morality, upon the evi
dence he Held in hi., own bands, he had under,
tajnu to pronounce Henry Ward Hoecher an uniit
oc?!?ant of the sacred pul|.it. They .Wn*t 2ak
him to tell how lie caaia to change ma views ami
?WJ3r.1anU ,to "etn*y ally toe. on that
JCth or I*eceml?er, had taken to his conrideuce
auci ti ast. (Tnrnmir to Mr. Kvarta MyTlend
am ilea ironically, aad l win in?e liim an opnor
ttinlty now to explain why lie aidn'i an^ tiL,?
question ? 01 Mr. fioweu. #?? tno?
Mr. Evaru was sltung bealde Sir. Beach with a
curious smile on his face, half ironical, half in
credulona. Mr. l>ech caught thc expraaaion and
turned toward him to the amusement 01 the
audience and exclaimed, -Ali: my friend-.miles
ironically." But h was uot Mr. Evarta alone tba.
wore an jronical smile la the Ucc of the jurv
?Shearman aud Jracy irorted their laclai mmcios
to tne expression of a sneer at the "Ian*- and im
potent" conclusions of the speaker.
BOWK* NO rniRND OF TILl'OX'O.
We con.fl not do it. and lie kner it. Wo could
^ t? t0 a c?uv*,a*tlon between Mr. T1H011
and Mr. Bow en. But 111 ?? didn't pnraac the whole
range of the inquiry. And if he could have eon
i f, tlle relation of Theodore iiltoni on. 'low*
ma-xim would nave rollru irom his
? r 1 r mg ' uno- i't oiHnibm. (i.augh.
ter.) iaere would nave been a contradiction of
teu?!ii^darhllhi1?,lnt' w"uell"D? that would nare
to.iciied the heart and merits or this controvert
"''"1'^nt about the outskirts a,?d SmMl
ts , t . this conhlot. 'i'i?? cootleman w ould
not aif lina nSt1 ?I1 tiie clt?oel of this case, lit daro
not, ce hasnot ad van tea to It. (Applause.) It is
? ??>fwoat flgBiiicant omi.,sloD; and Iwi/l show
you by ana bv, wtien we come to tna. ti carute
covenant, how it is and whv it is ha npon t??*
?oT2f?^rifterlll?C? 01 tTl,s ca?? Tbeodore 1..
tou stand* ao exalie I and iruthfuiiy numiorteil
that my irlend dare not assail liim in any essenual
points or his evidence, except by Iienw Wart
UeH?l<'1 urBer- when w? rei ii
api .irenily tiuih/ul and lndej>endoiit man a uian
cause rio^ H "rt"? 10 -^ ?1 ten "be
iri.nrt i. ,n tnd speeches or my l?arued
frUUnt!? 808fxer? a philippic, ?o unsp.irlnu and
S'0 ^ # denunciation as stauds la that evi
Henry r ?owin WHtu!g bv;j'Mo"ljr? u;>on
nenry c. iiowen. He is no friend 0: ours- he w*a
not called as a friend of oorss tie chikki ?m
tne ND)9 principle aod wttn tn? tame mo*\vS%t
JliVif.tVIrlnc*fJ f.D# mauagement 01 tt.e cause 01 tula
plaintiff, as I have .taserieu before, tooneneverr
avenue or door, and to call aver* ntrL
ir.'th1 ^ k,10",rle<lge oi the parties or conncc'i .n
thnrch, could ite aujipo^ed t0
world w^de co*m>Tf>rsv.
TUB IRISUMAK'S STOUT.
But Mr. Jivurts proceeded to comment ipon ? tie
relation by .Mr. Tllton to Mr. Beocbet lu their flrst
intervk w, on ttio :<ot?o! December, 01 tbo a I mired
confession ol bis wile, and my irieud then In
duiarea in a taoet extraordinary vain 01 exuita
tl'in. on. lie knew?he knew be had J heodore
Ttlion, and yon never Will forget ihe um Hon aith
wined be gave that declaration, u if be baia the
destuiH'e of this case ann o. ue wiiole earth in
tii? hand. I " in n<>t interrupt hm. I did not try
to ctianir* a word he said, it was *o Grange and so
extraordinary aa iilo-trati on: and, ny thenar,
aa Irian friend ?f mine insisted that Mr. Kvarts
an i j'uuch are plagiarists op n Iri-n humor aud
wit. and long before be ever tkonght ur U there
was a better definition ? f a in.racie. i never cuald
toil a story; I should probahly ureak down in telk
lti/ It . but 1 Have falb m my mio:nia.ii, who
someiiioee favors a? wltn bis prepuce aid amuses
us With his wit. His storr l* tlia- .tn ins* priest
was giving? was preaching s .ermon on the -ob
ject ol jmr.idee, and giving a definition oi the
subject entirely sauaiactor.. tu Muss)!. but one ol
tils rustic r earers was a rule uncertain about it.
The definition wax too teamen; it was not prac
tlrai enough and he di t no* understand it.
lueman. at the end of me ?ervlcea, addressed
the wriest, -Tour Reverence, 1 did not quite
understand your explanation of ainracle; rsu
uot you make it a litne 111 re plain les. i'at,
turn round," said ihc priest, una mere was a sud
deusind spasmodic extension or the flexor mu?clo
oi the ,ower MM of Ms pnent. whim somewhat
uuerierea with tt*e perp -ndi i.iarity wi Pat, and
Wkeu be (tot hi-t.sei: turned rousd the priest
said, "bid mat hurt yon " "Oh, res," j?mtd rat.
"Well, said the priest, "If it had not doae so It
would hav oeen a nnra< i -." direst .augutcr.) if
nv fric.id ha* any uncertainty 0n that f-ubjecr, 1/
lie wtii aabnitt to a lunger inuatrnrion. It will be a
ni're lorcibie iliUHtraiion itisn tieouewe nsd a
4go. u..tufcater an . applause.) TbU lilUJ
trauon of Mr. Tlitoa now you see, mu must re
meoii^r, comes ir< m Mr. Bratls. wfeo slated in
Bi? aignnlent untTtlton is a suited r;?e oriel tn. a
v sioglonoiu, loity and tan. .it uiterer of big
woiffs, he given lu everything th<: idea or sermon?
1/.IHK and thai every word tnu-t i>e railed out
Witn the utmost dignity, itiat is the mau wbo is
talking, and wa must know to "mm. TBat Is
wh it Mr Kvaris ?bv? ab ?ut him. Well, Mr. Kvarts
bsts tin* relation was mad" i>y rut-in iresli fr?>m
the ?li.coveryoM.il ?tie's unlit, irota whom be
had just learue 1 of this uduiteiy. and was raging
witn lea.oasx. tor the Scripturcs say, "Jealousy ib
tho r.igc oi i man."
Tin. old, old atorv, good to ten at any time.
apreaJ a citecriui feeling tbronrtiont the audi
enee. Mr. Ueecher ?iniled ?ti over AM lace aud
the Ju lge was moved to iaafbter. Mr. Veacb M
not equal to Mr. Evan* ai this ml i of work, bat
the atory he bad to toil was very abort aad ample,
mid neu lefl Little skill In narration.
MUl. TILTUK'B Co?.r?w"r>.V.
Ihen he repea rd ia-i ai.iteuiea of th". woman
vet leeklng with the Btaiin of ail.itery, aud in.
iiianner, as sslfl, wou.d have be^n asio:,i-nlng.
e\eu giving >o Mr. Tllton tiie character he is ?aM
to p'isseis, oi being a wordy, loity and poapoos
talser. Wbeawasltf On iiie ;;oui of l?ece?bei.
l ..e cuiiiwtsion oi his wne ba l been uiadc in July
pievwus, and it was tint comession li? wa* rulat
in/. For BIX months be bite stayed ins hand, and
be ? iiae to tnat interview wlia .?lr. Ueecher uuder
a icstiami * .irian'ed and bouiul wuh tae utroug
rsge of a "trong man i/urnm, wtnin him. but he
wan nnder a promise si.d a pledge to talk to tBts
biai. in terms of iricnUsbip. Ma was sent by bis
wile lor tttat purpoee. She iuJ icai-iied ol tins
conibinatitm wiii< n h;id I e? n formed t>y Mr. Itowen
fji tae pcreeoatioa of Ur. Keeo-ier-u you call it
peisecui on? .md sl>o * a* aiurmed, and pressed
u, on uer buabaiid the ie.nn made ui the Uiue tno
(oniession was g yen In .1 ly, w ell, now, geutle
m-n, I acaln recsil your a.inriti <u to tan * pacific
atautiiitui on tneii?it ?r limoiiore llitou. Mr.
L .wen on Mondav, the Mlli, ha 1 to, 1 to TlltOB i?e
a-iultei l"S r,l H-eciier. if tn.it stat-menf waa
laise, I, uo such eoutmnnicatlon and i barge liad
been made by Henry C. iiosreu to uitou, and Ifae
bad not undertaken to Til Kin, aa Til ton sw^ari be
bad. wny did not they ss* Mr. H. C. Bowen aa to
the truin ol tn?? narraiive t They bad me meaia
oi tben overturning it by our own wiUe?es,
calied and certified lo by the lacitnat we called
lum to me mand, above anv Impeichiricnt on oar
pari, a wlinetB whom tbe/ n*w by this very re a
tiou to ibt-ori was .?u Hi ersary to us, a wliuesB
b? a*.a aei Veea Jtsuvu;
1 orabie lu ULa eng#sem?uU towira u?. Tney^Uad
2LmSS?'uSo??"he3aor? T?i?o.
U.c gentleman under Uie*e c'r?B<"*'*'%?*!?? coa*
ki?i?n ruikierv un<* hi* rapid wit auu u-.* imiMv cou
KtXnon oMMi i.uguage ?ua ib?e Mjttmen?
u he uuder these urcumstaueee to throw tiui mo
awuru evidence oi an u?iuipe?cMa wU?tM.
KVAJIPS' WONDKKM I. MUKIOMll.
h? li ckti'fU lu nil the devices of oratory, ho
25ES-?^j
5S;?. 2-ioti ? lcu.110'1 Court. )??{:?'? ?K
SfK toTiSSS"wM' ?? *"'? ""S
mi' rlmab on TUiou ??? *?>?
fl?f. ss^.tTtA sssva.
indicates tue nature el the commaalctttion con;
et-rniu* which my objeetlon appite*. 1 "? un
StoSi Of "ourflo. H8 objecting .V1*""01 L* ,od?7
hr-ini'ti of thin." -Of cuurne, 1 attvs tue Jaufte.
tuniiuir to Mr. Evans ironically. 'you were d?
l can destroy tins; l havo got the matwr ininy
H'SHs asstf?.1?"
SiiSSfEfe
"i utiutUug out of e*Men?? aud oOairucuun ttie 1
ceptlon of the facta.'
Mr. Beach was happy in his allusions
Kvaria' rhetorio. the immense weight the aovoctits
tor the do lend ant attached to 1m own werds aud
the Utile account taut a and evidence were bwide
tue classic language of the counscl. 'Never mind
what Moultou or Mrs. Moultun, or T.Hon or any
body else teatifios to, only lot we tulle aud 1 ?l gU
you out of the acra?>e."
rRArBK and iiKNEOicrrox..
i
rSflS?s? isSsr-.iKss.'isf
is^asss;
kis r-?a?i(K-'S
SiiSHSS
Mr. BTOCher iMt ??<= ? of her intercourse.
MMMI
Swouufblnofhlnportlmt Bp.mualitecltdw
tue a?nsaousnest anu vulgarity oi
SHSSSnrr^i
U?Mr Khor'ra^eA tola newspaper above his
iacu. The andlence keenly relished the sontence
just given. The laaiea were *11 In a flutter, a few
of them blushed, and the rest laughed at the ab
aiiri degree of ceremony observed in the
relation, existing between Mr. Baecher and Mrs
Tilum. Mr. Beach went on to say how unjust the ,
criticism was to represent as the statement of
Mrs. TUton's in her owu words, that. ?he was in
timate with Mr. Beether lor years, and that tneir
' frlenisblp was close and conlldlug. Does any
-body huppose that Mrs. Ttlton used the precise
ibraaeology contained in her communication to
? -nunsul then continued:?I have pursued tarts
i ?a!
ton, riore T1110u Was tueu burning and rag
??cul .pw-sfi. SSSSS
ilon of ?u months beior^^ ln,mertlate clrcum- !
^VmTuf'wuu |
ret^MJnce w^h?i^domestm condign aud^thelr ,
have *5* inte rvlew WHh a man toward whom he
oi counse^. .J? gI1,, ttCCOrdlng to law ; and I
Kth,le%V^^.fctf-1 ^Hnn^omJhUfury,
au-i each snd sll of J ? Uou,e. m iu bast
$l?y rinnmc'S1
thwj?"r iu/M'r#TufoJn'srlrcpre^enkiatmn"
coinuaeiiM * '^1. ni *nr\ter moral cunaitlon of
tt?? Interview upon M earlier mor^ J0
Mr. T.lton and ^e character of Mr.
otherwiae. having j purity, havlna
i Beerner to ? * h .jV ^nlie robe or uusoil.d Mu
#f?lt^tttcre?was^ver
^douu?'01 nu waited morality and purity of
C?T)|1(?1 foreman of the Jury had turned aside his
nea<* with a smlie of incredulity. ?*mw*J?
believe It sir." thnndered forth the coun.el; ?rou
sarcastically, but you cannot disregard
the evideue* l present yon with alter l?tenUlB'" I
tn rfen day* to counsel on the otUir side. a
entitled to attention from the jury, and from each
,n ,veiy one of you." This remarUabie break In
the address crcated a decided sensation. Ch*st?
Carpenter, the foreman, kept hia head turne
I ii.y"rom the speaker dunog ?^-eoro.ttj J.
| buke. AH the defendant's counsel and the de
ten'iant himaelf appeared iiaeasy. Mr. Be^ach
was heated, and there was no telllnar what
mmht say A scene was anticipated by every
Z*J. Counsel fairly bearded the jury, au^.ore
Je stopped the loreman'a face turned to him
again.
Ktl! am'> t>klpsion.
but, according to Henry Ward Beecher Mrs.
lllton la a truthful woman. Again an I egaiu
naked neon the aiand if certain th i?ga were true
a* connected with lite asaertiou 01 Mra Tiliun, lua
answer was, "1 doa't recount; but if Kltaabeth It.
Tiiton Haul ao it U true." What did sbc aay ol Air.
Beecberf Writing on the 2&tn o; Januury, 18G8:?
"i-our letter* from y<>u readied we to-ouy, in
cluding one to Mrs. Desmond and Oliver's le> ter
to you. 1 did not go to Mra. D.'a wedding,
a* it was celebrated ut Mra. Mernam's, in apilug
II*i i. Motner went on, anu baa not yet returned.
1 will forward your tatter, thougu not the klaa. 1
tuink in reference to Oitver'a (that ih Oliver Joliu
aoui opiniou of Mr. B. (ih?t la Mr. Beccher), as ma
rewarus (remain*. i?i .?* ?.* were made to Mr.
Boweo. au-i they ate embittered toward ona
auoiher, that wnat Mr. B. aai<i of you may
ap)iear vary different through t?a coloring tiiat
Mr. iiowen iu?iy give it. on; now mj . oul yearns
over vou two dear man: You. mv beloved,
?re kigtier up rhan ha. 'ibis I b<ueve. Will
you not join me in prayer iliat UuU would keep mm
aa he la keeping ua f oh ' let ua pray fur him. \ <>u
are not willing to leave him u?me evil influence*
wtiica aurrouut biui. iia la lu a deiuaion with
regard to hiintelf and pitifully mistaken In ins
opinion of yen. 1 can never real aatiaQ^d until
you uoW aen eye (t eye ami iove on# anotaer aa
you once did. This will not come to paas aa
quickly by eatr&ngementa. Hut, with ail me
eanuatneaa ol my being. I commit you boili to
(?od a love. IJe iiaa aiguaiir biea?ed vou both, aim
llo win keep lii.i own beloved, Yi Uy I was brought
in as an tu tor in thin friendship 1 know not. yat
no experience ol an mv life iiaa uiadc my aoui
ache ao verity aa the apt>arcut lack of Chriaiiau
m anil ue.'-s in ml/ beloved man. Maine feel* aa 1
ao. 1 *aw ber to-day.'* Mr. Tiltoa had learned
from Mr. Eowen, to aay nothing of in. o*u ex
cellence, mat thia iuau, ao noble nnd proud and
exalteu, who wan notmng but "a white aepul
cure," who waa occupying the grandest pulpit oil
earth, taat he waa an unworthy in m; that l>e waa
prompted by a regard for general morality,
truili ami honeatv, ami lie says, "Thia l.,.u shall
no longer defile the CBuieh of (.od; lie snail no
longer preach in tiie robes of his hypocrisy to
trusting souls; he sua 11 resign ami imi<miuloualy
lonign.'' And it was a grand thing, It was
pretty brave, It was protty lueo.ent? the man who
could a?sumo the hardihood to xay that to lieury
Ward Heeoner In the position wntcfl be occupied,
with the proud qualities wmeh he poaaeoned?aje
po?aefe-i-<??aad surrounded by tboee :t,000ofre
oeetnM aouls, wan were ready with upliited handi
and open hearts to itutaiu Mm?the man who did
tliat did a gr and thing, it ta bravery, but he came
abviil UiMU Uuali laaUi* J ?AQla.tiOO. vtuut
tie remembered ttie wiie or nis yout#, around
whom the ccsb tenants of bis heart hn<l gathered
wttli a clasp that uv subsequent act had broaoa:
wlwu be tuottftit of tue j>#are of that houaeliole
and of itioso oUiloruu whom he i>>ved. although
the couiitsel alleged thai lie bastardised ono of
Luora ; when lie thought of all tno consul ue noes. of
the nfuouiiu)', tin; sorrow, the dlsgiace that would
follow to thai houesuolrf, ami upllited by tlie pre
cept* ol aid AiJhiei, Ue stood up 111 the attitude Of
Giiiiatfcau inmiUuosn una said, will no make
thin issault. i.uworthy a* lieury v\ ard Hoecher
uiu? be, deadly as bits lieen tue bo na? in
dicted upon my honor and peace, nevertheless 1
will forgive Miu Hitd etay the band 01 iuv ven
geance." In theiiKUt 01 Christianity, actuate.1 by
Clie uxamplu of the 4!;?ster, clinging Uar'l aud clone
To lit* u-aoblugs and lit* promises abii Hi' com
mands, is It uot oue or the grandest nights, the
tiiffiiuoi exaltations oi moral tzrauJeur to see
human infirmity elevating Itself above its tendeu
iitM ami puus>otn and living close to Uic Heart and
laltu of tue Redeemer.
Along here Mr. Beach rose to a high flight or
eloquence, amid tue profouud sUaiicoor the aud
ience. Mr. lieectier fcowod liia bead aud closed
lits eye*. Mr Ulton'a eyes flamed with admira
tion of bU advocate, who was freely geattoulatiug,
lilting a trembling arm above lus bead amj
straightening hiaiselt up to tno full measure of
hi* stature.
WnO 18 TO BK UJ.AMED t
If mere Id am turn* in thii matter; If It is all a
mrtli nnJ a shadow; if Plymouth cumch nan b?en
convulsed wub nothing; if tbe whole world baa
been disturbed and moved, it vou please, with tue
feeling ol tbe guilt of Henry Ward iuecuoi. wltu
out any evidence, without any lact of
auy reality in it, let us learn it?learn
it by the' hold, irauk declaration upon tue
part or tne jury, that there la nothing in me irutfi
of what four witnesses swore to. Now, yon wtll
relnnmber that we were not permuted i? prove
what tbia ntiucmout uiaae on the mh of J>oeeui
l>er was. We offered it, we could have proved It
bv two witnesses. They objected to it. Tbe court
i iiied it out. We struggled an best we uould lor
the admiaalon of the evidence we desired
that you .should bear?wuat these iwo
witnesses, Tilton and Moulton, should
say upon tbe suojeot?ami give vou tbe opportun
ity to say whether they were to l>e rejected, if
you disbelieved them, way the plaintiff's ouso
failed, and their statement of whut turn writing or
Mrs. Tinou contained of courae would be Uw
credlted and disoetleved. My mends would not
have it. Toe witues-en w uid have told vou accord
ing to their best recollection, 1 assume, and upon
their consciences iiiidoatha. What was just In tnat
writing and why It was destroyed I win talk of i?y
uuu by. lint I repeat it, our friend* would not
buve It, and who ia to be blamed * When Mr. Ttl
toii reau it to Mr. Hoecber. u there In any troth lu
Mr. Tilton, Mr. Beecher must nave understood
wimt It wus. tio aavs that tbe oliarge was irn
proper solicitation. Mr. Tllion aljh it was sexual
intercourse.
Mi. Shearman?Mr. Jieecher never said so.
Mr. lieac.i (oontiaulng) ?That tne charge lie
made upon that occasion against Mr. lieecher was
not sexuai intimacy. 1 said that Mr. Boucher ae
cl.ireM mat that churgo made upon tiiut occasion
wmi impioper solicitation. That ?ir. Tilton swnars
that it was sexual intimacv. Well, If Mr. Tilton
ami Mr. Moultoii could have sworn as to tbe con
tents of the statement tuat Mrs. Tilton nude and
conimualcxteo to Mr. needier at the time what It
wus, we should have bad aome additional liicbt
upon tue subject. iud it would have depended
then wnetber it enlightened us; It woulu Have de
pended upon the reliance we placca upou tue
crenlblluy of Mr. Mouitou and Mr. niton.
Hero the court took the usual reoesa.
AFTRR THE KKCilSS,
Tbe court room was a scene of great oiutle and
cooftiMion in the aftornoon. The comlug back of
those who bad gone to lunch and the pusbingand
struggling for seats tuale up a scene of lively
aud exciting turmoli. oat la the corridor a
greater number of people than were within tbe
waiis of the court room, which was already lull to
the doors, stood waiting for adml*dion. Mr.
15eec!icr has evidently made np bis mind not to
attend the afternoon *ea*ions. He was again ab
sent yesterday, but he took the considerate pre
caution of sending back nis wife, with"whom sat
Mrs. Field, the great friend oi Mrs. Tilton.
Mr. Beach labored under an increasing
boatsenois, but be showed no lack of
vigor, and bowled al^ug to the eud of tue day's
proceedings with hiB characteristic spirit, lie
carried the audience away with him when he
came to deal with fivarts' "argument" that
Deecher was entitled to groat consideration be
cause of the services he rendered the I'nlon in
Kuglaml when ae hpoke before howling auiUeuces
of Knglishmcn in sustaining the position ol the
United states.
Hie speaker thought that Bvarta bad apeut too
long ft time at Ooneva to reraembir what was aue
to the selPreapect and in<Jepeadeace or an Ameri
can jurj.
M'\ Heach, in resuming, criticised tue relation
given hy Mr. Tnron or the conlea-lon of nis wife,
as made by her, on account pf it* particularity;
that it was too precise ana formal: that one
speaking under the circumstances -n wnlclt a wife
wan supposed to be situated?making a reveiatton
of this character to her liuBbainl??ouKI not by
anv posFioility tiave ao contro.led Uer emotions
and their effect upon her mental operation as to
6a*cend to the minutla- ol detail; that on speak
ing or the commission of this offence, to aiy that
It was committed at Ho. 1T4 Livingston ? street.
Weil. I suppose aver/ reasonable explanation of
tnftt. phraseology would We that they had
resided at two places oh Livingston street?at
Kos. 4h aud 174, und In giving an account to ner
husband or the clrcnnistances connected with her
dishonor she says thev occurred at the place
wuere tiiey resided. Kite undoubtedly did not use
the word* No. 174 Ltvtngton street. Mr. Ti ton, in
communicating the Information which tie re
ceived lroin las wile, clothod It with those apecill
ratlons. with that languar*. Well, Mr. Kvarui
contends that this ts incredible, that Mrs. Tllton
should Have u^cd tbe langtf "My pastor, Mr.
B?-eciier," in nieutifying him against whom mis
charge should i,j wade. 1 am not able to
appreciate the lorce oi that criticism, and 1
I am referred lo a memuratde example which I
suppose will not be rtouoied tn its autheiulolty
aud which would equally challenre the criticism
ol my learned friends. Wnsn Jacob asked Lahau
lor his daughter he aaya, "I will serve thee seven
years fnr Knchel tn# younger." Wrli, tne Scrip
tures are thought to i>e tolerable rhetoric?pretty
reliable standard lor tbe ase or language. Now,
when Jacob thus specified lucbei as the rounger,
It seems to be aomisslore lor Mrs. Tllton, speak
ing of Mr. Beeoher, to sp?ak of Mm as "Mr.
needier and mv pastor." it implied something
ol intensity aud posstoillty or lonufce. The mat
was not only Mr. Beeoier. but ' mv p istor,"
and that Is a wondorfnl Implication In '
that lorm, as we shall see. lu answer
to tbe idea which seems to grow out or
the testimony oi both the principal actors
in the transaction, that this woman, so exalted
and spiritual in her nature and ao elevated In her
Christianity, an she is represented to be. could
not nave railca unless some specious sophistry,
soma spiritual delusion operated u|>on her senses
and ner inclination*. Mr. Kvarts has said, "Why,
uo man in all tlie history or u>e world has used
such arguments to persuade tan virtue or a
woman a- are attributed to Mr. needier? that the
Indulgence or love ts innoceat, tnat we cannot
control the pa* ions aud conditions or
our nature; we osnnit shut our eyes
to beauty and loveliness; we cannot
close our hearts to tha approaches or tenderness
and affections or those who art: lovable, there
lore It is justifiable to love, und II that w justifia
ble In tue ordinary lorms through and by which
love la muniJesteu and intensified." Nobody could
use such language. Waiter Bcott ts supposed to
have ueen a tolerably good scholar in buinati na
ture. aud yet na wever penned any tiling like that,
ile has been considered as a great master of liu.
man passion, as a great paints r of human uatare.
lu ? 'Woodstock," an historic romance which de
velops to a great extent the woudenul career of
Cromwell and his redoubtable ironsides, one of
Um characters there was a Master louipkins. a
man who fought with tiio Bible on Ills lips and
wtio was as independent a preacher as i'lymontn
churca?a law unto itself, Judging lor Itself, ac
knowledging no niiegianoa to presbyteries and
council aud synods. Well
I it R?E 11ION8IDM,
who preached at every interval between the
battles, and who fought with the com age oi re
ligious seal, aete very rematkabic characters,
'litis Master Tompklaa was a ismoas axhorte* of
the ( Jromwelllan legions, ami yet he was touched
with a softness of humsn nature, and even the
slowuewt or Ins bigotry and ttie rigidity oi his re
ligion could nor entirely exelu >e th* temptations
or the flesh. While tney wore ecnqvlag the old
rains of Wood-toe*. the old but soraewnst demol
ished imme oi a rovaiist, be came into contact
v? 11 to t rtc daughter, nMt is said, or a bold lorester,
named Fnelir. well, sue wax drawing water at
tue well, and lie at tempted lo introduce familiarly
with her i>y offering to carry the pit :her. Veil,
sho ro.?entea this, und be says:?"Stand up, fool
lsh maideu, t.not know that aln lor which man ts
punished with the vengeance of heaven llos not
In tue act, uut in the thought of tlio sinner. Be
lleve, lovely Phebe, mat tu the pure all acts are
pure, and tna: sin is In onr thought and nor la our
act! us, even as t> e radiance or the day Is dark
to the blluu ins u, bat Is seen and enjoyed by him
wHo has eyes to receive It. To aim who Is uut a
in vice in the things oi the spirit much ts en
joined, much is prohibited aud he is led with milk
fit foi LMbas. /or nim are ordinaaoas and prohi
bitions nnd commands; but the saint ts auove
these ordinances and restraints. lo hini, as the
chos-n child ol the house, Is given tun pasa key
to open al. locks which withhold lutn iroui the en
joyment of his heart's desire. Into such pieasaut
paths will 1 guide Ihee, lovely Fliebo, and snail
unite In joy and in innocent freedom the pleasures
v. ulcn to tue privileged are not prohibited." ell,
l.i.rtg IS I UK MKT SfNTIMKM AlliinlllKU tU
niNRT WARD il.'.EOlIF.R
by the mouths ol two or three witnesses. It 19
tne mode in which he la alleged to have audrosaod
this lady and united with all the other tntlu
cni ts which dusrered around him as the groat
gonitis and the diatingtuwlied preacuer, and we
Find under the treatment or a great novelist, or a
man versed in all tne intricacies of nunau kuowl
edge and human experience, tracing out the
KnnrsUna of Uuuaan nature a a rumaonsr but )?|
witn naeitty to nature, the savm Idea In suir*e>t?d/
Well, Henry Ward Beeclior nan lead that un?
doubtedl*, A man who roads Duma* will nut
neglect VV alter sooti. Anu very many, a* ? Ibe
case with an of ua. very many <>f ttio brightest
and highest conceptions 01 our ininila are derived
irom th<**e sources oi information. tiecause there
l? very little originality in the wirld. '1 beaa at'ii
1 oriifinal lunrn o. expression, but It would bo
JirtHiult to indicate a thought, a sentiment, a
; prluoiple <>f morality, of nature or science that has
not been Ion/ ago dreamed of aacl developed. it
I i.-t uot very surpihltnir, If it tie true, that Hear*
i \\a:U lleeciter was, lu Ills lntsroourue with Uis
I iaUx,
UOVIKNIO IIV J.U3T,
or if unJer the fleroetiess oi temptation ue yiau'etf
10 efeo attractions au?l tue opportunities of tu<*
aituatlou, it is not surprising tua; Mr. lioecbor
should have uaed arguments of cms character and
addressed to thin woman tltlu soit ol sentiment.
A.M 'THEIt UKKAT MAN,
an grout ki Uceeher, a-, lofty in all the paths of
knowledge, as consecrated lu the hearts of the
world as lleiry Ward Beecher, puts into one of
ins characters and fives to the authenticity of his
name tae sentiments of arguments of like kind.
When Mr. Kvarts says that no human lateiloot
ever dreamed oi arguments of this character ad.
dressed under such circumstances to the reduc
tion oi virtue I present the example as delineated
iiy Walter Scott. If Your Honor pleaso, a legal
principle or two upon the subject of confessions,
ioi tilled Uy authorities, nave oeeu submitted to
Your Honor. I have no occasion to contend with
them, l admit every proposition or my learued
irtend* upon tho subject. I maintain the same
doctrine, nut do not my Irlends see tliat, when
tho.v uro claiming tne benefit of their propositions
ol their o<vu virtues, they have operated
with lorcHi and efllclency in favor of their
adversary t It 1j bald that the confession of
< Mrs. Til Lou is no evidence against this defendant.
! Urauteu, uuu Your Honor haa over and over agalu
ruled, and uosv again and again acceded to tho
| proposition. It is only when that confession la!
detailed to tne party ivbom it implicates, when
| with precision and wltb the motives under all tho
possibility of tbe communication, aud lu the
character it wus made to Mr. Uecchcr, and Ue
quailed and withered beneath the charge and ha
ainks totterlug lroin too presuuee of tun accuwi*.
"TJtlS WILL KILL MM'."
It Is only then that tne couiession of Elizabeth 1U
I Til ton incomes slgniflcaut and important. "Well,"
: says my Irnriu, ??of course it was a couiesslon.'*
, Ah: mere is the mistake o( my irieud's argument;
I there is the great error ol their position, Tho/
| assumed that tne document ol Dcceinoer tv was
' the cofUession, and that was expected from Mrs.
I Tntou. 'I'h" couiessiou which was related to
] Henry Wara needier, and which lu the momcat
I lie daied uot staud up aud deny like a man, was
| tae oouieodon ma le six mouths ago. Wnat was
tne narrative submitted to nun containing thaau
i cusatiou made against
HIS HONOR AND HIS VIRTUE.
| And it wa? the manner in which ho reoelvefl
I that. Tne .silence and submission aud brokeu
! hcartedness with which lie listened to that, gives
j to that confession ami to its statemeut the torce
! ol couvtncing aud denouncing the proof Now I
! care not for the purposes of Una case whether the
1 statements given by Mrs. Tllton and her husband
ou the vswtn oi l??cenii>er was won from her by lm-'
! portuuitK* aud solicitations. The situation of
; things, tne conditions in waich the pastor was
' placed, the paiposes lor wtucli this writing waa
to oe used. 1 submit to you. ooutraaiots any such
auppiMtuou. Theodore Tllton did not waut ta
use it lor the purpose oi making an uccusation;
he dtd not use it for the purpose of
making au accusation; for in the very
lustaut when be pieaanted and read It
to lienry Ward Deecher he professed to him
silence. He withdrew the demand which four
days beiore lie uau made upon Mr. lieecuer to va
cate his pulpit aud abuudon ltrooklyu. What ul&
ne want oi a coniession so far as the Idea of crimi
nation oi accusation or hostility was concomsdr
W ay, under the teaching aod lntluauce or his wita
he was turowuig oil his armor! He was with
drawing the assault ne had made upon Mr.
Be-clu r; He was telitiyr him that lor his wire's
sake, not lor ins (Beeohcr'e; sake, or hla (niton's)
own auke. but lor the sake or tiie woman, weary
aud sick, learlul and trembling and anxious. I
s#ure you I I withdraw tin*, demand. Uousider
it blotted out lot-ever. Aud thou tells him that a
conieasion wa? made to liim ov bis wife?lor th?
nrst time lets huu know that thut secret between
Heury Ward lieemer and Kur.abeth K. Tllton lor
six mouths had beeu hetd aud hoarded lu tho
heart or uearts of this piaiutiff. Now what of that
statementr or what importance isitf And who
cares what becomes of lit It U not the rounaa
tion or ikia case; it was not the cojiession ol Mrs.
i Tntou; it bore tne character, originated in tho
motive and produced tau effect which I hard de?
?criood to you.
DOBS ANYBODV SUITOS*
that Mr. Mouiiou meaua to believe tliat Mr*
lleecher was sensible ol his gum, una ao you sup
pose that Mooitoa suggested the charge of crltn?
inal intercourse to some pvrsons ami contradict*
mat tootu?r person*" The Court will. Mr. Uuach
hoped, instruct the Juiy to draw common buiisc
conclusions 01 the wnole evidence, welg.nng each
detail tuid clr^auiatauce In ttie estimation of the
whole. Wo are s;ekiug, not to dsstroy the char
acter or standing oi any wiiusss oil this trial,
but wc are doing the best w<j can ta reaca (M
truth, My only purpose la to present to you what
1 conceive to oe a professional and logical argu
ment of this case. 1 agieu thai human memory
Ik imperfect, and I do believe that th-ro is uioro
involuntary porjury committed id a court oi jus
tice than you or 1 ctu conceive, but we
aro not then to rely upon mere surmises aud con
jecture*. No man oan give the derails of facta,
of occurrences of a lew years ugo. lint when per
sons retain disconnected and separate recolleo
tlons of details ol an occurrence wnlch agree on
tae central tact, It is an evidence of truth. la
?such au tuaiauuH there is notiuni to suggest that
compact unuerstauuing. Mr. Mmilton came hero
telhug cjnversations of three years ago. Tneodoro
Tiltou, you, likewise. Mr. lieeciier, you are in tue
panic position. IU>ss?le Turner, yuu aro aomethlug
worse off. (Laugbtei.) I don't believe there is a wit
ness recounting occurrences o: three rears ago,
or even one year ago, who has given a precise
aud whole narrative oi that occurrence. It
would be contrary to the experience oi the world.
Out suppose lire years ago, on n curtain occasion,
I broke suddenly on your attention, and I said,
??Hir. I na\e just killed a mau:" aud 1 relate t&e
circumstances aud tue motive, and 1 urge you
to silence, aud you-believe that there are pal
liating clrcunisianoes about my ^ellt. At lengtit
justice cries out for me and 1 plead, and the law
callsyou us witnesaea to reveal the nu t. You re
tain the memory or the central fact though yon
oufer as witnesses un ter t?e cross-exsminstuu
of aaliiul counsc: lor the de.eiipe. Moultuu, Til
tou and Mrs. Moulton aud all the rest may err in
the circumstances act the details of tuoir infer
ences, but wnen Henry Ward Ueecher wiUt bowed
head ami moistened eye confessed his seductjoa
oi Mrs. Tiltou, there is no mind mat could forget
such a circumstance as that. No witness can lor
get tust Mr. Ueeuhur, so grand, so poweriut, so
elevated, wheu cuutrontcl with the accusation of
having seduced Mrs. "lilton. in profound sorrow
end remorse confessed it. Counsel then clied
from Die testimony the pu-sagus bearing on
ttie subject, and continuedWell, now of
course tins mnat have eacaped the recol
lection oi M:. Kvarta, but It is oniortunste.
Tata dishonorable charge against Mr. THton goea
out to the world upon the sanction aud tiie au
thority aua tue hlgn name oi Mr. Hvarts. and the
humble deienoe wntch Is made lor Mr. niton will
never resell tlio circuju on or trie extent of the
original entree. is it not unfortunate, gontle
nien. that Mr. THton, even by the foreetfelncha.
tue indiscretion, me recklessness ol counsel,
shoulu oe suoj cieu to these disiionorlng roll ac
tions upon hui character* My friend l'orter be
gins witli the charge of publishing a letter which
reveals the delicate physical condition of his wife,
it tuiusoui that the cusige la uuiouudcd. Mr.
?rarts loiiows it by charging m itnation of this
letter. We reier to the proof. Wo Bnd that when
tne charge was origiually made In rhe evideno#*
It was refuted as a false charge, nnd Mr. Evarta
very properly nrknowlunged the refuting proof,
and yet. tn submitting his case to the Jury, Uu
uuaes a
1IBBCK ATTACK VTOTt THEODORB TltTOX
lorthevi'O act which ho nrst charged and then
withdraw. I kon't know, 1 don't oelicve. What
ever ) our conclusion may be, although yu.i should
give the lUiieat testimonial In favor ol tne in
tegrity and ibe truth and the honor ot Thnodore
'illion?I doii't believe in the long years to coins
b? will ever recover irom the damage of tiieee i?5
cusatiouH. They have been uuide too long: thoy
coiuo from sources too high and powerful, and
pranJ us 1 think blui to be in many oi tuc at
tributes ol manhood, loarncd ami cultivate), nnd
industrious aud truthful and nonorabli as yoi<
mar believe him to be, yet he has upon him a
weight ot ( alumny and suspicion which even tiie
broad atiuujrt.li of bis character must be
hravuiy exerted to lilt. Wtmt panacea
will ever i each the (trculutiou or tl^o
opening of tMs case? How. how will the
deieuee which u made on bctiair of Mr. Tiuon tn
its corrections of tuc ermrs and lis repulse of tna
ai-sauits made on thf rtiaracter of Theodore TU
ton, ever ieach with the antidote the wide circu
Uiion and ttm powi-nui impression wnii ti such
language as ttiat uticrcd by Mr. Porter and Mr,
Evarta will producer Tou cannot repair the In
jury. geutlomen. Yuu cau do something toward
JUSIU o.
Hut another singular argument was tis?n by the
learned counsel Mr. Evarta. He alluded with be
coming pride to tiie o(Torts of Henry Ward iieerior
among the populations ol England, li was at a
great crisis in our history. A great struggle oe
tween ihe different sections o. this Common
wealth was waging. The question of lii arty or
slavei>, tne quosuou of union or civi.-iou, w.ia
balancing fearruiiy in tbn scalc of cveuia. Thero
were many brave and trne-bearted t utriots wik?
dlsiiollcMcd tn tho power ol tne ;\ortli and in tho
atrougth of tho Union to maintain it iu?livi.?iblO"
au.: it was in that exigency tnai the auiiuoatty
ol Dngiand in its aid to tne .-south atm in its coid
eountenanee to tha hoith was suetainiug the
audacious rebellion, aa Menry W ard n-ech?. r be
lieved, aa many great men in tins country be
lievei. with raise ideas wltn regard to the issna
of thai great conflict, in re^ird to the cardinal
prim iole w:,lcb laid at the root of tr.o hostility
huu the light. I liey kne>v nnd beiiav^d that tb*
ft cat tuiastion was une oi servitude or freedom tu
ne slave, and Heuiy Ward tieeciier nnderiook,
and performed, nobly and gloriously thb tasi ol
disebusing tun mind ot Kngiaud, reaching tbi
bcarta of ner middle oiasses auu ol her yeomanry,
those ciaases which control and are beginning
more and more to control tun deetlules of the old
country. And lie was met with deiision and
?corn. He was assailed at his meetings, wher%
nddrcaaea srara to be delivered nnon ihui HUUltvU